Court : Mumbai
Reported in : [1989]176ITR523(Bom)
..... the facts and in the circumstances of the case, the assessee's lands at chembur acquired by the government were 'not agricultural lands' within the meaning of section 2(14)(iii) of the income-tax act, 1961 ?'2. the reference relates to the assessment years 1967-68 to 1969-70, the relevant previous years having ended ..... to the income-tax appellate tribunal. he urged that the said land was agricultural land for the reasons that it was assessed to land revenue; ..... , for the three years. he rejected the contention of the assessee that the said land was agricultural land and that any gain made thereon would not, therefore, attract the provisions relating to capital gains tax in the income-tax act.3. the assessee's appeal before the appellate assistant commissioner was rejected. the assessee went up .....
Tag this Judgment!Court : Mumbai
Reported in : [1987]165ITR279(Bom)
..... these contentions, we propose to refer to or set out the relevant provisions of the maharashtra agricultural income-tax act. sections 4 and 5 of the said act deal with the charge of agricultural income-tax. sub-section (1) of section 4 provides that agricultural income-tax shall be charged at the rate specified in sub-section (2) of section 4 for ..... year ending on march 31, 1962.19. the next submission of mr. jetly which was his main submission was that, under the provisions of the agricultural income-tax act, in order that the payment or disbursement might be allowed as a deduction, it was not only necessary that the payment should be made during the ..... . although this decision has been rendered under the provisions of the indian income-tax act, 1922, it is agreed by counsel that the principles laid down in that case is also applicable to the powers conferred under the said act, namely, the maharashtra agricultural income-tax act, 1962. hence, in considering the question, what we have to see .....
Tag this Judgment!Court : Mumbai
Reported in : (1987)63CTR(Bom)264; [1987]165ITR27(Bom)
..... of interest. these claims for deductions were made under section 8 and/or sub-section(9) of section 8 of the maharashtra agricultural income-tax act. the agricultural income-tax assessor disallowed the said claims along with some other claims made by the assessee. the assessee preferred an appeal to the appellate assistant commissioner of ..... madon and mehta jj. on november 20, 1979, judgment having been delivered by mehta j.). in that case, the respondent assessee was assessed under the maharashtra agricultural income-tax act 1962, for the assessment year 1965-66, the corresponding previous year being from october 1, 1963, to september 30, 1964. certain amounts were paid by ..... the said expenditure on the ground that the said expenditure was not admissible under section 8 or sub-section (9) of section 8 of the maharashtra agricultural income-tax act, 1962. from the said decision of the tribunal, the following question has been posed to us for our determination :'whether, on the facts and in .....
Tag this Judgment!Court : Mumbai
Reported in : 2004(1)MhLj761
..... .o. v. h.n.s. iyengar reported in : [1962]44itr437(sc) as the said decision pertained to the interpretation of the provisions contained in the income tax act, 1961 and not with reference to the provisions contained in the agricultural income tax act, 1962. according to mr. joshi, in the case of h.n.s. iyengar (supra), the apex court was concerned with the interpretations of the ..... of bad debt written off in the year in question.14. the submissions made on behalf of the assessee cannot be accepted for more than one reason. firstly, the maharashtra agricultural income tax act, 1962 itself was brought into force with effect from 1st april, 1962, as such any expenditure incurred prior to 1st april, 1962 cannot be said to be allowable unless specifically .....
Tag this Judgment!Court : Mumbai
Reported in : [1990]181ITR523(Bom)
..... the use of sugarcane crushers. it is the contention of the assessee that sugarcane crushers are agricultural implements and are entitled to relief as such under section 80e read with item no. 9 of the fifth schedule to the income-tax act, 1961, for the assessment years 1966-67 and 1967-68 and to the same relief under ..... from the manufacture of sugarcane crushers would be entitled to relief under section 80e of the income-tax act 1961 ? (4) whether, on the facts and in the circumstances of the case, the tribunal was right in holding that sugarcane crushers are agricultural implements within the meaning of item no. 9, schedule vi, and that profits arising ..... from the manufacture of sugarcane crushers would be entitled to relief under section 80i of the income-tax act ?'2. it is common ground that the first two questions must be .....
Tag this Judgment!Court : Mumbai
Reported in : [1980]121ITR920(Bom)
..... to as 'the act'), levying for the first time tax on agricultural income. under s. 1(3) of the act, the act was deemed to have come into force on ..... to the constitution of india read with art. 246 of the constitution taxes on agricultural income are a state subject. prior to 1962, there was no act passed by the legislature of the state of maharashtra levying tax on agricultural income. on december 15, 1962, the state of maharashtra passed on act entitled the maharashtra agricultural income-tax act, 1962 (maharashtra act no. xli of 1962) (hereinafter for the sake of brevity referred .....
Tag this Judgment!Court : Mumbai
Reported in : (2004)186CTR(Bom)616; [2003]263ITR180(Bom)
..... of the agricultural assets. 5. challenging the said notice issued under section 148 of the income-tax act, the assessee filed a writ petition in this court, which was disposed ..... state government on transfer of the said agricultural assets (other than agricultural lands) were liable for capital gain's tax and on account of the failure on the part of the assessee to disclose the above facts, there was escapement of income. action under section 147(a) of the income-tax act, was therefore, initiated to bring to tax the escaped income under the head 'capital gains' on transfer .....
Tag this Judgment!Court : Mumbai
Reported in : [1987]165ITR275(Bom)
..... .1. in these references, the following three questions are referred to us under section 39 of the maharashtra agricultural income-tax act, 1962 :'question no. 1 : whether, on the facts and in the circumstances of these cases, the tribunal was correct in holding that in respect of agricultural implements, the opponents were entitled to claim depreciation within the meaning of sub-section (6) of section ..... an additional statement of case is not necessary. in the case of amolak ram khosla v. cit : [1981]131itr589(sc) , somewhat similar course was followed by the supreme court. accordingly, the following additional question as per the order in the said three applications under the agricultural income-tax act is framed :'whether, on the facts and in the circumstances of the case, the tribunal was .....
Tag this Judgment!Court : Mumbai
Reported in : (1988)72CTR(Bom)199; [1988]172ITR95(Bom)
..... factor and had to be taken into account.19. in arundhati balkrishna v. cit : [1982]138itr245(guj) , a division bench of the gujarat high court again considered the question of land being agricultural for the purposes of exemption from capital gains under the income-tax act. again it followed the judgment in rasiklal chimanlal nagri's case [1965] ..... to connect it with an agricultural purpose, the land could not be agricultural land.....'18. in ranchhodbhai bhaijibhai patel v. cit : [1971]81itr446(guj) , the gujarat high court reaffirmed the view it had taken in rasiklal chimanlal nagri v. cwt [1965] 56 itr 608 in context of capital gains under the income-tax act. it reiterated that the ..... 87,762 on accounts of the sale of the balance of 3 acres of the ajni land and indicated that it was exempt being agricultural income. at this stage, the income-tax officer reopened the assessment of the assessee for the assessment year 1969-70. the reassessment proceedings for the assessment year 1971-72 were .....
Tag this Judgment!Court : Mumbai
Reported in : (1949)51BOMLR431
..... land naturally and without the intervention of human agency, even if the land is assessed to land revenue, is agricultural income within the meaning of section 2(1)(a) of the income-tax act and as such exempt from income tax under section 4(3)(viii) of the act?their lordships would observe that, inasmuch as (as is stated in the order passed by the appellate tribunal under ..... , yet, unless there is some measure of cultivation of the land, some expenditure of skill and labour upon it, it cannot be said to be used for agricultural purposes within the meaning of; the income-tax act, in the present case their lordships agree with the high court in thinking that there is no evidence which would justify the conclusion that this condition is .....
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